Actual Article
Article 244: Administration of Scheduled Areas and Tribal Areas
- The provisions of the Fifth Schedule shall apply to the administration and control of the Scheduled Areas and Scheduled Tribes in any State other than the States of Assam, Meghalaya, Tripura, and Mizoram.
- The provisions of the Sixth Schedule shall apply to the administration of the tribal areas in the States of Assam, Meghalaya, Tripura, and Mizoram.
UPSC Notes for Article 244
Explanation:
- Fifth Schedule: This schedule contains provisions for the administration and control of Scheduled Areas and Scheduled Tribes in states other than Assam, Meghalaya, Tripura, and Mizoram. It provides for the establishment of Tribal Advisory Councils and gives the Governor of the state the authority to make regulations for the peace and good government of these areas.
- Sixth Schedule: This schedule deals with the administration of tribal areas in Assam, Meghalaya, Tripura, and Mizoram. It provides for the establishment of Autonomous District Councils and Regional Councils, which have legislative, executive, and judicial powers.
Key Points:
- Special Administration: Article 244 recognizes the unique cultural and administrative needs of Scheduled Areas and Tribal Areas, providing special mechanisms for their administration to protect the rights and interests of tribal communities.
- Role of the Governor: The Governor plays a significant role in the administration of Scheduled Areas under the Fifth Schedule, with the power to make regulations and establish Tribal Advisory Councils.
- Autonomous Councils: The Sixth Schedule establishes Autonomous District and Regional Councils in certain northeastern states, granting them significant autonomy to manage their affairs and preserve their cultural identity.
Important Cases and Commissions Related to Article 244
Cases:
- Samatha vs. State of Andhra Pradesh (1997): The Supreme Court held that government land, tribal land, and forest land in Scheduled Areas cannot be leased out to non-tribals or private industries, reinforcing the protective measures for tribal communities under the Fifth Schedule.
Commissions:
- Bhuria Committee (1995): Recommended measures for the effective implementation of the Fifth Schedule and protection of tribal interests.
- Constitutional Review Commission: Examined the provisions of the Fifth and Sixth Schedules and recommended amendments to strengthen the administration of Scheduled and Tribal Areas.
Important Reports Related to Article 244:
- Report of the Scheduled Areas and Scheduled Tribes Commission: Provided an in-depth analysis of the administration of Scheduled Areas and suggested improvements.
Previous Year Prelims Questions Related to Article 244
- (UPSC Prelims 2016) Which schedule of the Indian Constitution deals with the administration of Scheduled Areas and Scheduled Tribes in states other than Assam, Meghalaya, Tripura, and Mizoram?
- A. Third Schedule
- B. Fifth Schedule
- C. Sixth Schedule
- D. Seventh Schedule Correct Answer: B. Fifth Schedule
- (UPSC Prelims 2018) What does the Sixth Schedule of the Indian Constitution pertain to?
- A. Administration of Scheduled Areas and Scheduled Tribes in all states
- B. Administration of tribal areas in Assam, Meghalaya, Tripura, and Mizoram
- C. Administration of Union Territories
- D. Financial relations between the Union and the States Correct Answer: B. Administration of tribal areas in Assam, Meghalaya, Tripura, and Mizoram
Previous Year Mains Questions Related to Article 244
- Mains 2016: “Discuss the significance of the Fifth and Sixth Schedules of the Indian Constitution in the context of the administration of Scheduled Areas and Tribal Areas.”
- Mains 2019: “Evaluate the role of the Governor in the administration of Scheduled Areas as per the Fifth Schedule. How does it impact the governance and protection of tribal communities?”
Additional Insights:
- Protection of Tribal Rights: Article 244 and the related schedules aim to protect the cultural, social, and economic rights of tribal communities, ensuring their unique identities are preserved.
- Decentralized Governance: The establishment of Autonomous District and Regional Councils under the Sixth Schedule promotes decentralized governance, allowing tribal communities to manage their affairs in accordance with their traditions and customs.
Understanding Article 244 is crucial for UPSC aspirants as it highlights the constitutional provisions for the administration of Scheduled and Tribal Areas, emphasizing the need for special measures to protect the rights and interests of tribal communities. This knowledge is essential for both preliminary and main examinations, providing insights into the mechanisms that ensure the effective governance and protection of these areas.